Host Me Faster Network Service Level Agreement
Network Quality
Internet Connectivity
Host Me Faster’s Network Availability Guarantee ensures Internet connectivity is provided to Host Me Faster customers 100% of the time and, as set forth below, Host Me Faster will credit Customer’s account if Host Me Faster fails to meet this Network Availability Guarantee during any given calendar month. At Customer’s request, Host Me Faster shall calculate Customer’s “Network Unavailability” in a calendar month. “Network Unavailability” consists of the number of minutes that the Host Me Faster network is not available to the customer, but shall not include unavailability that Customer fails to report to Host Me Faster within five (5) days, or any unavailability resulting from:
(a) Scheduled Host Me Faster Network Maintenance;
(b) Any Customer owned/maintained circuits or equipment failure;
(c) Customer’s applications or equipment;
(d) Acts or omissions of Customer;
(e) Any use or user of the service authorized by Customer;
(f) Reasons of Force Majeure; or
(g) Suspension of Customer’s account for violations of Host Me Faster's Acceptable Use Policy, non-
payment or any other Default under any agreement between Host Me Faster and Customer.
For each cumulative thirty (30) minutes, or fraction thereof, of Network Unavailability during any single calendar month, Customer’s account shall be credited for the pro-rated charges for one (1) day of the Host Me Faster recurring fee charged for Internet connectivity, up to but not exceeding the total recurring fee for one month of Internet connectivity. This sum does not include additional Recurring Fees, such as bandwidth overages, data protection, and etcetera.
Bandwidth Guarantee
Host Me Faster's Network Bandwidth Guarantee provides that the average Internet bandwidth utilization at the Data Center shall not exceed seventy-five percent (75%) of the total aggregate Internet bandwidth available to the Data Center at the ninety-fifth (95th) percentile of utilization. Average Internet bandwidth utilization will be determined by calculating the average of the lowest ninety-five percent (95%) of utilization samples taken every five (5) minutes. This calculation is consistent with the industry standard ninety-fifth (95th) percentile method of determining bandwidth utilization and is subject to change with industry trends without notice.
HOST ME FASTER guarantees their network will be composed of a minimum of two (2) Tier one carriers.
If Host Me Faster fails to meet this Network Bandwidth Guarantee Customer’s account shall be credited the pro-rated charges for one (1) day of the Host Me Faster Recurring Fee charged for the service with respect to which this Guarantee has not been met; provided, that Customer may obtain no more than one (1) credit per day, irrespective of how often in that day Host Me Faster failed to meet the Network Bandwidth Guarantee.
Limitations
The total accumulative credit granted to customer by any aspect of this or any other Service Level Agreement during any calendar month shall not exceed the Recurring Fees for the same calendar month, and the credits shall only be used to offset charges incurred in said calendar month. No guarantee shall apply if downtime or unavailability occurs during standard Host Me Faster maintenance windows, when Customer is notified at least twenty-four (24) hours in advance of maintenance activities or unavailability of service guarantees. No Guarantee shall apply if Host Me Faster’s standard procedure for detecting unavailable service would not detect Customer’s service failure.
All credits hereunder shall be provided only upon request of Customer. Requests for credit must be received by Host Me Faster within five (5) days of Host Me Faster’s failure to perform under the obligations outlined in this Service Level Agreement.
No guarantee or remedy will be provided at any time for failures determined, by Host Me Faster, to be attributable to reasons beyond the direct control of Host Me Faster.
This Service Level Agreement is subject to change at the sole discretion of
Host Me Faster, without notice to Customer. The most recent revision of this document shall be posted to
Host Me Faster’s web site at
www.hostmefaster.com All changes made to the Service Level Agreement shall be effective five (5) days after the first publishing date.
This Service Level Agreement shall in no way be interpreted to construe that Host Me Faster guarantees performance against failures of application specific features, such as web server software, operating system software, failing hardware, web site application features, database performance, customer equipment failure or related components. It will be at Host Me Faster’s sole discretion to adjudicate any claims arising hereunder and to determine fault and identify failure to perform under the obligations of this Service Level Agreement.